Divorces and dissolution of civil partnerships involving children can be a cause of considerable discontent for all parties involved.
Disagreements regarding where children live often arise and, in some instances, one of the parents may wish to relocate. In some instances where a former partner tries to take your child somewhere without your consent, it may be possible to stop them.
Regardless of whether they plan to take them overseas or within the UK, it is vital that you act quickly if you wish to prevent such an action. Here, we explore the key steps you need to take in such a situation and some important points to remember.
Important steps to take if your child is taken without consent
While time is of the essence, it is recommended that you immediately find a solicitor that can help in all aspects of family law. They can advise you on action required and help you understand your legal position and rights regarding where your child lives.
Acting fast is paramount when a child is taken without permission by an ex-partner. If you believe you former partner plans to take your child out of the UK within 48 hours or your child is in immediate danger, you should contact the police on 999. The police have the power to issue port alerts that can block your child being taken beyond UK borders. You can also hinder attempts by hiding a child’s passport or stopping them from getting one.
Under circumstances that don’t involve an emergency, you should still contact the police, but use the 111 number instead.
When informing the police and your solicitor, you should gather evidence beforehand and document everything that supports the fact that your former partner intends to take you child somewhere without permission. Examples of evidence include text messages and emails or travel tickets.
Key points to remember when your ex takes your child without consent
Along with taking rapid action, it is important when explaining the circumstances of your child being taken by your ex-partner to be clear on what you are concerned about and why.
It is recommended that you also consider mediation. When you and your former partner disagree about where your child should live, mediation can be useful. A professional mediator will attempt to help, and your partner find an agreement that will works for both of you and your child.
You will generally be expected to show that you have tried the process of mediation before you can apply to court. However, there are some exceptions where mediation is not required, for instance in cases with a history of domestic abuse.
Your solicitor can help you check any court orders that already exist. Most mothers and fathers have parental responsibility, but if you are unsure your solicitor will find out and inform you.
If you have attempted mediation but have failed to find an agreement, you can then apply to court to get a prohibited steps order (PSO). This is a court order that effectively prevents a person with parental responsibility from being able to take certain actions in regards to a child without the permission of the court to ensure that the child’s welfare is completely protected.
As a parent, you are only likely to be granted a PSO on the grounds that you can prove that your former partner is attempting to relocate your child for a reason that is not in the child’s best interests. For instance, if they are moving the child to stop you being able to see them.
When providing evidence, you should be able to show the court that your ex-partner has tried to prevent your child from seeing you in the past. For instance, if they have cancelled arrangements that were made for you and your child to spend time together
It is important to remember that if your ex-partner can present evidence that indicates your child’s life will be improved due to the relocation, it is possible that the court may decide in favour of your former partner’s wish to move.
Family law solicitors North Wales you can depend on
At Bennett Smith Solicitors, we have an experienced team who are specialists in all aspects of Family law (https://bennettsmith.co.uk/family-law/) in North Wales. If you require legal advice and support in a sensitive situation like your child being taken without consent by a former partner, we can help. For immediate assistance, contact us now.
